beta
(영문) 서울북부지방법원 2019.08.21 2019고단2310

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on April 9, 1998, was sentenced to six months of imprisonment for the crime of larceny at the Seoul Central District Court, two years of imprisonment for the same crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the same court on October 27, 199; two years of imprisonment for the same crime at the Suwon District Court on May 27, 2003; three years of imprisonment for the same crime at the Seoul Central District Court on May 11, 2006; and three years of imprisonment for the same crime at the Seoul Central District Court on February 5, 2010; and two years and six months of imprisonment for the same crime at the Seoul Western District Court on July 7, 2016; and completed the execution of the sentence at the Ansan Prison on February 4, 2018.

1. On March 8, 2019, at around 12:02, the Defendant entering a residence intrusion: (a) took place in the victim L’s house located in the Jung-gu Seoul Central District, Jung-gu, Seoul, and then stolen things; (b) removed the corridor of the bathing room and took it back to the small room of the house, and intruded on the victim’s residence.

2. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft with 14 k gold bars equivalent to 150,000 won at the market price, which was owned by the victim in a small room, using any cres that were outside by the victim, at the time and place indicated in paragraph (1) of this Article, and with 14 k gold bars equivalent to 150,000 won at the market price, which was owned by the victim in a small room, at one place, and 10,000 won at the market price which was owned by the victim.

Accordingly, the Defendant, even though having been sentenced to imprisonment not less than three times for larceny or attempted crime, committed larceny as above during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Lritten statements;

1. A report on the occurrence of a crime, a report on internal investigation (a CCTV image verification), a criminal offender's place, a report on an investigation (on-site identification results), a report on on-site identification, and a tracking of a criminal suspect's report;

II. III, IV, V

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, reports on results of confirmation of each judgment, and application of Acts and subordinate statutes to the status of confinement by individuals;

1. The corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.